Connecticut Seal

General Assembly

 

Raised Bill No. 5318

February Session, 2016

 

LCO No. 1345

 

*01345_______ENV*

Referred to Committee on ENVIRONMENT

 

Introduced by:

 

(ENV)

 

AN ACT CONCERNING IDLING IN EXCESS OF THREE MINUTES BY CERTAIN TRUCKS AND BUSES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2016) (a) As used in this section, "motor vehicle" means any motor bus or truck, as defined in section 14-1 of the general statutes, except any "farm implement", as defined in said section 14-1. "Motor vehicle" does not include any school bus.

(b) No person shall cause or allow a motor vehicle to operate for more than three consecutive minutes when such motor vehicle is not in motion, except as follows:

(1) When a motor vehicle is forced to remain motionless because of traffic conditions or mechanical difficulties over which the operator has no control;

(2) When it is necessary to operate defrosting, heating or cooling equipment to ensure the safety or health of the driver, passengers or cargo;

(3) When it is necessary to operate auxiliary equipment that is located in or on the motor vehicle to accomplish the intended use of the motor vehicle;

(4) When it is necessary to bring the motor vehicle to the manufacturer's recommended operating temperature;

(5) When the outdoor temperature is below twenty degrees Fahrenheit;

(6) When the motor vehicle is undergoing maintenance or an inspection that requires such motor vehicle to be operated for more than three consecutive minutes;

(7) When a motor vehicle is in a queue to be inspected by United States military personnel prior to gaining access to a United States military installation;

(8) When a law enforcement, firefighting, rescue or emergency vehicle is in the course of responding to an emergency;

(9) When a motor vehicle is in a queue at a drive-in establishment;

(10) When a motor vehicle is in a queue for weighing, loading or unloading freight;

(11) When a motor vehicle in livery service is waiting to discharge participants at a wedding or funeral; or

(12) When a motor vehicle is delivering food from a restaurant.

(c) Any person who violates any provision of this section shall have committed an infraction.

Sec. 2. Subsection (c) of section 51-164m of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(c) (1) Except as provided in subdivision (2) of this subsection, no fine established in accordance with the provisions of subsection (a) of this section may be less than thirty-five dollars or more than ninety dollars.

(2) No fine established in accordance with the provisions of subsection (a) of this section for a violation of any provision of title 14 deemed an infraction may be less than fifty dollars or more than ninety dollars, except that fines established for parking tag violations and violations of section 1 of this act may be less than fifty dollars.

Sec. 3. Section 54-33m of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) The failure of an operator of, or front seat passenger in, a private passenger motor vehicle or vanpool vehicle to wear a seat safety belt as required by section 14-100a shall not constitute probable cause for a law enforcement official to conduct a search of such vehicle and its contents.

(b) The operation of a motor vehicle in violation of the provisions of section 1 of this act shall not constitute probable cause for a law enforcement official to conduct a search of such vehicle or of the operator's person.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2016

New section

Sec. 2

October 1, 2016

51-164m(c)

Sec. 3

October 1, 2016

54-33m

Statement of Purpose:

To prohibit commercial buses and trucks from idling for longer than three minutes unless certain circumstances exist and to enable law enforcement officials to enforce such prohibition.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]